A pill bull owner will not face charges after her dog attacked and killed a Shih Tzu Tuesday night.

The animal apparently broke free of its muzzle while out for a walk with its owner at about 10pm near Danforth Rd. and Midland Ave. in Scarborough. It lunged at the Shih Tzu, then bit that dog’s owner in the arm and leg when they tried to save their pet.

Animal control officials took charge of the pit bull following the attack, but police say the owner won’t be charged since the dog was wearing a muzzle in accordance with the province’s new pit bull legislation.

The laws, passed last summer, require that all pit bulls be muzzled in public. Any violation of the law can lead to fines, imprisonment, or the animal could be taken away or destroyed.

It’s unclear what will happen to the dog, given that the laws were adhered to in this case.

It was the kind of horrific scene the province’s controversial pit bull ban was supposed to eradicate, but there it was in the light of day for all to see -- a trail of blood and two discarded puppy boots -- the sad remnants of a pit bull attack that claimed the life of a Shih Tzu on Tuesday night.

Despite the ferocity of the attack, charges won’t be laid against the female dog owner because apparently the animal in question was indeed wearing a muzzle, but somehow tore through the device in a frenzy of aggression.

The incident took place at around 10pm near Danforth Rd. and Midland Ave. in Scarborough. The pit reportedly lunged at the Shih Tzu and also bit its owner, a man in his 40’s, before finishing off the fatal attack on the much smaller dog.

The animal was seized by authorities and taken to animal services, but the female owner of the dog wasn’t held responsible.

A day later, neighbours suggested that she should have been accountable for the attack.

When asked if the dog (like the one pictured, top left) was indeed muzzled, witness Sherry Hegland responded without hesitation.

thats lovely. not the muzzle somehow broke? No, it tore through the device in a frenzy of aggression.

before finishing off the fatal attack on the much smaller dog.

Had this been a golden, the article would have read "the smaller dog, a Shih-tzu, later died from its injuries" I'm sorry, I'm sorry for BOTH dogs, but I'm just a wee bit bitter here, and no, I can't simply get over it, its blatant propaganda. All dogs have the same thoughts and intentions (depending on the individual) its not like this particular breed is a frenzied, angry killing machine